§ 12.44

Any subdivided property may be reverted to acreage under the Subdivision Map Act and this title. Subdivisions also may be merged and resubdivided without reverting to acreage, under this chapter.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-11.101)

12.44.020 - Initiation of proceedings.

(a)

By owners. Proceedings to revert subdivided property to acreage may be initiated by petition (in a form prescribed by the department) of all the owners of record of the property.

(b)

By City Council. The City Council may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the Department to obtain the necessary information to initiate and conduct the proceedings and to notify all property owners affected.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-11.102)

The petition shall contain, but not be limited to, the following:

(a)

Evidence of title to the real property;

(b)

Evidence of the consent of all of the owners of an interest in the property;

(c)

Evidence that none of the improvements required to be made has been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later;

(d)

Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map was filed for record;

(e)

A final subdivision map or parcel map delineating dedications that will not be vacated and dedications required as a condition to reversion. The final subdivision parcel map shall be conspicuously designated with the title, "The Purpose of this Map is a Reversion to Acreage."

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-11.103)

The final or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the City Engineer for review.

Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this title, the City Engineer shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-11.104)

The City Council shall hold a public hearing on all proposed reversions to acreage. Notice of the public hearing shall be given as provided in Section 12.12.050. The City Engineer may give such other notice that it deems necessary or advisable.

(a)

The City Council may approve a reversion to acreage only if it finds and records by resolution that:

(1)

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(2)

Either:

(i)

All owners of an interest in the real property within the subdivision have consented to reversion, or

(ii)

None of the improvements required to be made has been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or

(iii)

No lots shown on the final or parcel map or portion thereof have been sold within five (5) years from the date such map was filed for record.

(b)

The City Council shall require as conditions of the reversion:

(1)

That owners dedicate or offer to dedicate streets, public rights-of-way or easements;

(2)

That all or a portion of previously paid subdivision fees, deposits or improvement securities be retained if the same are necessary to accomplish any of the purposes of this chapter; and

(3)

Such other conditions of reversion as are necessary to accomplish the purposes of this chapter or necessary to protect the public health, safety or welfare.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-11.105)

Upon approval of the reversion to acreage, the City Clerk shall transmit the final or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation. The reversion is effective upon the recordation of the final subdivision map or parcel map. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force and effect.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-11.106)

Chapter 12.48 - PARCEL MERGERS AND UNMERGERS

Sections: